If SOPA's Main Target Is The Pirate Bay, It's Worth Pointing Out That ThePirateBay.org Is Immune From SOPA

from the just-saying... dept

In looking over Eric Goldman's excellent "linkwrap" of a bunch of recent SOPA/PIPA stories, it pointed me to a News.com article from last month, about how SOPA was really about going after one single site: The Pirate Bay. I've actually heard this repeatedly -- and from folks heavily involved with the bill itself. The whole point of the bill is to try to take down The Pirate Bay. Now, we can argue back and forth about how pointless that is... but there's something else that seems important:

As written, nothing in SOPA can touch ThePirateBay's main website, ThePirateBay.org

That's because the current version of the bill excludes any .com or .org. from being a target (though, they can be required to take action against other sites). This has caused some confusion, mainly because of the changes between the original version of SOPA and the "manager's amendment," which is the current version of the bill. The manager's amendment makes you jump through some hoops to understand this, but the key point is that a "U.S.-directed site" is defined to be a "foreign internet site" in the bill (in the original SOPA, a U.S.-directed site could be any site). Then, a foreign domain name is listed as not a "domestic domain" (keep hopping!), which itself is defined as "a domain name that is registered or assigned by a domain name registrar, domain name registry or other domain name registration authority that is located within a judicial district of the United States."

This means that all .com or .org domains are domestic, since they're assigned by a registry that is located within the US (for those confused, a domain registry is a company like VeriSign that runs the master database of all domains under a single top level domain). The thinking here is that (as ICE and the Justice Department have claimed) any website that has a TLD that is controlled by an American company can be dealt with via existing laws, such as the one that ICE uses to seize websites. .com is run by VeriSign, which is based in the US. And .org is run by the Public Interest Registry, which is also based in the US (Virginia, specifically).

That means that thepiratebay.org -- the main website for The Pirate Bay... is actually immune from the two key parts of SOPA (sections 102 and 103, since both clearly state that they only cover "U.S.-directed sites").

So, based on the law as written... The Pirate Bay is immune from SOPA (though, potentially not from ICE just seizing the domain). It's worth noting the same is true of both RapidShare and Megaupload -- two other sites frequently cited by the MPAA and the US Chamber of Commerce as the types of awful, evil sites that these bills are targeted to take down. In fact, remember that "53 billion visits to rogue websites" claim that the US Chamber of Commerce loves to repeat? Nearly half of that is from RapidShare and Megavideo/Megaupload. And yet, those sites are clearly excluded from SOPA based on the definitions. So why would they still be trotting them out as examples?

Re: Re: .org *is* AFAIK an overseas provider (Ireland)

- Richard is facing extradition for a UK-based .com hosting links to copyrighted content. Similar UK prosecutions have failed, mere links haven't been shown to be infringing under UK law, so the US is attempting to extradite him to face Jammie-Thomas-style "justice". A US official contact told me (off the record) this was happening because "Verisign is a US company, users of .com web addresses subject themselves to US justice". Erik Barnett then told pretty much the same thing to Peter Walker at the Guardian.

Re: Re: Re: .org *is* AFAIK an overseas provider (Ireland)

Domain names ending with .aero, .biz, .com, .coop, .info, .museum, .name, .net, .org, and .pro can be registered through many different companies (known as "registrars") that compete with one another. A listing of these companies appears in the Accredited Registrar Directory.

The registrar you choose will ask you to provide various contact and technical information that makes up the registration. The registrar will then keep records of the contact information and submit the technical information to a central directory known as the "registry." This registry provides other computers on the Internet the information necessary to send you e-mail or to find your web site. You will also be required to enter a registration contract with the registrar, which sets forth the terms under which your registration is accepted and will be maintained.

Registry

The "Registry" is the authoritative, master database of all domain names registered in each Top Level Domain. The registry operator keeps the master database and also generates the "zone file" which allows computers to route Internet traffic to and from top-level domains anywhere in the world. Internet users don't interact directly with the registry operator; users can register names in TLDs including .biz, .com, .info, .net, .name, .org by using an ICANN-Accredited Registrar.

In yet another turn in our ongoing coverage of the North Face counterfeiting case, The Public Interest Registry is no longer being held in contempt for resolving domains associated with the counterfeiters' websites. The Judge agreed with the PIR's analysis regarding the court's authority to hold in contempt a nonparty for which there was no in personam jurisdiction:

"Public Interest Registry cannot be held in contempt of my December 2 or December 20 orders for having failed to do what I lacked the authority to require it to do in the first instance."

However, it's not all gravy. In his order, the Judge notes that the Plaintiffs may "if they wish, renew their motion to make clear that the scope of the permanent injunction against defendants applies to Public Interest Registry for aiding and abetting, and participating, in defendants’ unlawful activities."

So this case has turned, potentially, into a criminal "aiding and abetting" case. As of time of writing, the counterfeit domains still do not resolve. Guess we'll have to see what the Plaintiffs decide to do next.

Afilias is pleased to be a partner with .ORG, The Public Interest Registry (PIR) in supporting the millions of .ORG domains now in use worldwide. We are proud to provide state of the art registry and DNS services which ensure that .ORG is a reliable and secure home for the millions of organizations worldwide who depend on their .ORG online identity to pursue their missions. We have worked closely for the past seven years with PIR and its parent organization, the Internet Society (ISOC), to continuously upgrade the critical infrastructure supporting .ORG to meet the needs of both current and future Internet users. The recent deployment of a significantly upgraded security technology, DNSSEC, across the .ORG domain is but one example of how PIR, ISOC and Afilias join together to ensure the .ORG domain is exemplary, safe and trusted.

Re:

And it would reappear at a different IP w/ a different name under something else 20 minutes later. What was accomplished? Nothing. Its as though they are setting the law up to fail if only to prove they need even stricter laws and international agreements to combat online piracy.

Re: Re:

I seem to remember reading a news story a while back about some group actually managing to shut down TPB servers. The site was back up within 2 hours. They simply switched over to the backup servers they already had in place.

The guys behind pirate bay are not stupid and they are watching what is going on. They have shown already that not only do they watch their opponents moves, they also anticipate their actions and plan accordingly.

Taking the pirate bay down will not happen with monstrous laws such as this. The laws are too large, too slow, and all around too clumsy to do the job. It is like trying to run down a fly with a steamroller.

Understanding confusion

"So why would they still be trotting them out as examples?"

You've made the mistake here of thinking that they actually know what they're doing with this bill, something they've never really shown to be capable of. You probably got confused with all the jumping and hopping through the it?

Ok, so the revised bill "only" targets foreign "rogue" sites, but foreign sites aren't really foreign if they are .com or (maybe?) .org (what about .net?) because those registers are (maybe?) considered US territory? Despite the fact most "rogue site" lists mostly have .com or .org addresses?

So confusing you may not even notice who the real pirates are.

It is all smoke a mirrors. "Hey look over here! We're trying to take down these evil things on the internet that are stealing people's work and this is how we're going to do it!"

And while you're distracted with all that, what they're actually doing is positioning themselves with legislation that will allow big name media to attack and destroy what they want on the internet at will, insuring that they are the only choice for customers to turn too and stamping out any upstart competition that might threaten their dominance in the world. That is the true agenda being veiled by this thin claim to be doing good by ridding the world of piracy.

The real truth is big media conglomerates wants to be the pirates, because there's good money in it. They want to mooch off of the creative works of new artists who no longer need them to deliver content to customers, and claim a cut of the profits off of those works. They are obsolete as a content delivery vehicle, and they know it, and it terrifies them. This is their last ditch effort to keep from going extinct, by making the middle man the only valid option so they can continue to collect their fees. They claim that sites making money off of copyrighted work is wrong.. and yet that is exactly what they want to do themselves.

dumb

They may not be able to take down ThePirateBay.org but what they can do is send notices to PayPal, VISA et all telling them that the site is infringing and get their donation payment processes and ad funding cut off.

Re:

Worked so well against Wikileaks. /sarc
LOIC terrified them that time, and its a kids toy.
I wonder what the response would be this time, and from people outside the US. Because the FBI had time to track down the skiddies as fast as possible, but don't have time to investigate abuses of the citizens of this country by those in power.

Re:

And how long would it be before a foreign processor with no US ties then takes up the slack (think bank havens here)? Think about it...with some contemplating something as complex and expensive as a private satellite network, how much easier and cheaper would it be to create a rogue banking group that would be stepping all over themselves touting their immunity to US jurisdiction and laws?

It would be child's play to get around this; especially if customers were able to funnel offshore funds into the system.

There would be hoops to jump through definitely, but it would be far cheaper and easier to set up and maintain than a private sat network...

Re: Re:

Isn't the more accurate description a "Foreign" processor division of the big guys? They like making money, and I am sure they already have special divisions setup to offer services at less friendly rates if this passes.

Why use the bad example?

Because TPB has the name Pirate in it.
It conjures the proper image of these evil piracy freetards pulling their ships up next to the small ships of these poor content megacorporations and literally ripping the money out of the holds of the ships.

Why did Ted Stevens describe it as a series of tubes?
Because that was the only way he could "understand" (and we could debate at length if he actually did understand what he was charged with overseeing) the concept.

"We can get MegaUpload with this bill!"
- So you want to stop people from uploading? Why?

"We can get EZTV with this bill!"
- You don't want people to have easy access to TV? Huh?

Insert any other site that does not have the caché of TPB in the mind, and get more questions. By stopping the "Pirates" we can instantly get the proper mindset to gain their support for this, Pirates = bad.

It would be nice if could poll all of the congresscritters supporting this and ask them to explain in their "own words" how copyright infringement works. I wonder how many of them understand the idea of its a copy that does not remove the original, that in many cases its the direct result of waiting periods that make no sense and paying consumers are tired of all the damn hoops. That the biggest contributor to "piracy" is the 1940's mindset of the corporations punishing consumers for wanting to consume on their schedule not the rigid pattern trying, read FAILING, to alter peoples desires.

Re: Re: Why use the bad example?

Re: Re: Why use the bad example?

While you filling in was very nice, I am sorta scared that none of our favorites have actually shown up today...
Has something happened to the resident trolls?
Maybe the talking points memo email was delayed...

Re: Why use the bad example?

Stock value of "Big Content" companies?

I haven't seen anyone talk about the stock values of any of these Big Content companies (Disney / MCA Universal / Sony /.etc) Are they improving or declining over public perception of the issues? What about the *IAAs? Are they publicly traded? Have anyone divested them selves over SOPA/PIPA; Have they recommended others do so? Why is there no anti-SOPA/PIPA campaign to devalue their share price by just dumping their stock?

Re: Stock value of "Big Content" companies?

The **AA's are just groups that were meant to do one thing, and now just try to lobby the world to keep the 1940's mindset of the gatekeepers relevant.

And the stock dump will not happen because people are self centered, those people most affected by the legislation do not own the stock.

There is this blindness in the US that it will never do anything to me with this law. It worked so well with the Patriot Act, and the TSA. The belief that as good people it will never happen to them is blinding, up until it does get them... then they wonder what sorta moron let it happen.

Re: Re: Stock value of "Big Content" companies?

Re: Re: Re: Stock value of "Big Content" companies?

Gatekeepers, corporations who block your ability to do anything with out their ok and extract fees forever making sure that you never actually profit from your work.

The produce nothing themselves beyond contracts and complex systems for extracting revenue from the works of others.
When caught violating the laws the lobby so loudly for, they suddenly expect a different version to apply to them.
- See Canada and the 6 billion they should have paid for infringing.
- See one of those companies suing their insurance provider to pay off their portion of the final bill for them illegally using others music and not providing proper payment as required by the contract.

1/10 - Back to the farm team for you... your not ready for the big leagues of trolling.

Missing link

1. "a "U.S.-directed site" is defined to be a "foreign internet site" in the bill"
2. a foreign domain name is listed as not a "domestic domain"

We seem to be missing a link here. The first clause talks about a foreign site, the second clause talks about a foreign domain.

This is very relevant because a single site can have multiple domains. Depending on how badly written is the missing clause (the one connecting "foreign internet site" and "foreign domain name"), simply buying a .com domain and pointing it to your site could make it immune to SOPA!

If there is no missing clause and they are confusing "site" and "domain", it remains a possibility that it would still apply to ThePirateBay, since it has other domains beyond thepiratebay.org, several of them completely outside the US.

Re: Missing link

FOREIGN INTERNET SITE.—The term ‘‘foreign Internet site’’ means an Internet site that is not a domestic Internet site.

DOMESTIC INTERNET SITE.—The term ‘‘domestic Internet site’’ means an Internet site for which the corresponding domain name or, if there is no domain name, the corresponding Internet Protocol address, is a domestic domain name or domestic Internet Protocol address.

DOMESTIC DOMAIN NAME.—The term ‘‘domestic domain name’’ means a domain name that is registered or assigned by a domain name registrar, domain name registry, or other domain name registration authority, that is located within a judicial district of the United States.

And yes, section 102 (with the DNS blocking) only applies to "foreign internet sites." So TPB wouldn't be included.

Both sections 102 and 103 apply to "US-Directed sites" which *can* include domestic sites. The definition of "US-Directed" is a bit convoluted, but basically it comes down to sites which are designed to be accessible to residents of the US. Domestic sites definitely count as "US-directed"

Re: Missing link

I have no idea, btw, how the bill would deal with sites with multiple domain names in different jurisdictions. It seems to assume that 1 site = 1 domain name. It does say that "The term ‘‘domain name’’ has the meaning given that term in section 45 of the Lanham Act (15 U.S.C. 1127)) -- so maybe the answer is there? Or in some court precedent? Who knows....

Maybe one day they will figure out that .com, .org and .net are International domains. If they were US domains then not only would they have US in the title like .us.com but they would also reserve these for US citizens and hosting.

Then good luck in trying to take The Pirate Bay down when there are hundreds of millions of people who would stand in their way.

Even if the US went as far as bombing their Spanish hosting site then they only need to switch on one of their many back-ups.

"That means that thepiratebay.org -- the main website for The Pirate Bay... is actually immune from the two key parts of SOPA (sections 102 and 103, since both clearly state that they only cover "U.S.-directed sites"). "

Actually this is incorrect. Section 103 *does* apply to domestic sites. Read closer: 102 specifies only foreign internet sites that are us-directed, while 103 says just "us-directed." A site based in the US can easily be us-directed (meaning accessible to users in the us).

So TBP is immune from section 102's domain blocking, but it is NOT immune from section 103's other provisions (basically blocking of funds from ads or payment networks).

I'm not sure I agree

Mike

UK based lawyer here.

Enjoyed the article, but I wonder if the analysis falls down because a site doesn't need to be a US directed site (i.e not a .com or .org) in order to be an "internet site dedicated to theft of U.S. property" in terms of sec 103 of the Manager's Amendment, which is

"
(i) a U.S. -directed site; OR

(ii) An Internet site for which the registrant of the domain name.... and the owner or operator, are not located and cannot be found within the US"

The registrant of piratebay.org is an individual based in Stockholm and the owner or operator are presumably based in Sweden, so they'd presumably potentially fall within paragraph (ii) above.

I hate this sopa thing!

SOPA quite stupid

this article shed some light over all this SOPA turmoil. I am amazed of how wrong SOPA was written. If piratebay, mugaupload and other file-sharing websites were out of sopa/pipa legislation,,,then, what exactly was sopa going to target? the bloggers and the .cn websites?

TPB is immune?

Talking of Rojadirecta...

it's still down, but you can Google the name to find alternatives. Also, and this might sound cruel, but I sent emails to the DOJ and Theresa May thanking them for the extradition of Richard O'Dwyer because it sets the precedent that US copyright law takes precedence over the UK's. They now have two options; either admit that Mr. O'Dwyer committed no crime under UK law to keep copyright intact, or carry on and have point out in court that they set the precedent that we're acting under as they try and sue us for infringement. That's right, in the UK, copyright infringement is a civil offense. BTW, I thought .mobi was the file extension for Kindle books.

Pirate Bay

I read this and other comments with this article and realize how little people really understand the world. Mega upload and every website it has connections with taken down by not just the USA as they control a lot of the laws and their laws are being mirror used in Australia and NZ as far as I know. The Skull and Bones factor here has been missed. This is not just about taking down one or two pesty websites that are causing problems for some industries and costing them money. This is about control. The same control they are trying to exert over Google by asking Google to take down and report websites that are displaying Political comments, religious, blog sites from news websites where comments could be made regarding the news. A direct attack on peoples freedom of expression and speech and an attack on human rights. Wake up.. One World Order means control even by force and we are to submit without question or arguments. However taking down people whom have the ability to spread the news, run websites and offer a form of Resistance is their primary goal. Assangi is part of this agenda, Christian and religious web sites are another problem as they have been opposing the system that is to become the new age of Aquarius. The war on terror as actually a con and is a war against religion. How many patents have been stolen and reused by these people and claimed to be their own? Nikola Tesla, Marconi, Henry Thomas Moray, the list goes on and on. However, Did these Inventors create and invent or try to duplicate their ideas? Hard to ascertain.. As history is full of ancient mysteries and mechanical devices that we are only now finding out about and realizing that some of the new technology is actually copied from older scriptures?? Or attempted recreations perhaps like reverse engineering.
Also keep in mind that corporations are just that, a Corpse renamed and given the power of living ideal people, to be used for business and profits. Money its all about MAMON and those whom worship it. The Eastern Star influence is spreading fast, as it was the Satanic Skull and Bones Society or the ones calling them selves the illuminated that have been plotting and planning this for ages. Most of the Fortune 500 companies are part of the movement.
Bankers, Politicians, and a lot of others have been enlisted into this. And making the common person a slave to credit and work as a zombie is their goal, The only problem is that the ones that are actually a part of this are bigger fools than the ignorant. As they do not realise that they are just tools being used to be discarded and made to joint the ones they helped enslave. Betrayal is their lot and they will be betrayed as gratitude for their service and payment. Many degrees of rich and poor exist but only a few are truly wealthy, filthy mega rich and this is only 1% followed by the next 5% estimated. The rest of us are just various degrees of poor. This is in monetary terms and possessions of this world and not philosophical.
I hope you can see where I am going with this as Power is Control and the ones with the money control the world. If you get a free thing and do not pay for it you do not have to work to buy it, profits are lost labor time is lost, and it is called stealing if you obtain it by depriving someone else of it.